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Get daily tips in your inbox Newsletter. If yes, can you suggest the best way to do that. While San Francisco is the cultural and financial hub of Northern California, its high real estate prices also make it the hub of real estate co-ownership.

This co-ownership of real estate in San Francisco can create complex problems. Sometimes, one co-owner of property in the Bay Area refuses to sell or move from the property. This can become even more complicated when only one of the co-owners is paying the mortgage, taxes, insurance, repairs, and improvements.

Sometimes, co-owners are former romantic partners, family members or friends, which can give rise to disputes requiring the skill of an experienced partition lawyer. If you are looking to solve your co-ownership dispute in the San Francisco Bay Area, read below for more information from our partition attorneys with experience in partition actions in San Francisco and the Bay Area. A partition action in California is the only court ordered process to bring an end to real estate co-ownership disputes.

When there is disagreement where one or more co-owner of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can help force the sale of the property fairly and equitably among the joint owners. Our partition attorneys in California bring an end to real estate co-ownership disputes. We accomplish this goal through the only court ordered process to do so: by filing a partition action in California.

Indeed, there can be nothing more frustrating than co-ownership of real estate in California. Many times, one co-owner of property is paying the mortgage, while another co-owner lives at the property without making any contribution to the property. Other times, the property was inherited, perhaps years ago, making partition the only way to unlock the value of the property.

Eventually, tenancy-in-common and joint-tenancy get old, and co-owners seek to end this unhealthy property co-ownership relationship. While parties may have purchased the property as tenants-in-common because they are family, friends, or fellow investors, the relationship often turns out to be something other than the parties expected. Fortunately, the right to a partition action is absolute in California, meaning that the right to partition a property is achievable by any co-owner, no matter how small or large their interest in the property may be.

Shankie 69 Cal. This right to partition is not limited by case law, including if you became a co-owner due to a former romantic relation other than marriage , purchased the property with a sibling, parent, or child, inherited the property, or became a co-owner in exchange for co-signing the mortgage. The outcome of a partition action depends on the form of partition as follows:.

Perhaps the most common question we are asked is the cost of a partition action in California. Given our experience, we are able to win a partition action and produce a better result at a lower cost in a faster manner than many firms without such expertise.

Often times, there is an uncooperative tenant or co-owner at the property who is in no rush to leave. Our experience will make sure that the occupants cooperate or pay the price both financially and possibly through paying your attorneys fees for the partition. After the property is sold, every partition involves an accounting wherein owners can recover partition offsets.

If one co-owner made improvements, paid the taxes or paid the mortgage, this will be the time to recoup those payments. Even further, if one co-owner has been in possession or has retained the rent, an argument can be raised to recover the rental value of the property.



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